This report is available online and can be viewed together with Update Reports on developments during the month at

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1 SECURITY COUNCIL REPORT Monthly Aug 2009 FORECAST 30 July 2009 This report is available online and can be viewed together with Update Reports on developments during the month at OVERVIEW FOR AUGUST The United Kingdom will hold the presidency of the Council in August. At print time, the first part of the month appeared particularly busy. There will be two open debates in the first week of August: on peacekeeping and on the implementation of Council resolution 1820 on sexual violence in situations of armed conflict. The debate on peacekeeping is likely to result in a presidential statement, whereas an outcome from the other open debate is expected in the fall, most likely in September. Two mandates are due for renewal: that of the mission in Iraq (UNAMI) by 7 August and of the peacekeeping operation in Lebanon (UNIFIL) by 31 August. Consultations and formal meetings are expected. The Council will receive a briefing from the chair of its sanctions committee on the Democratic People s Republic of Korea (the 1718 Committee). Aide-Memoire The annual reports from the International Criminal Tribunals on Rwanda (ICTR) and the former Yugoslavia (ICTY) are also due to be received in August (the Council has not in the past held discussions on these reports but developments may lead to consideration of whether some Council action is desirable). A Secretary-General s report on the benchmarks and drawdown of the operation in Liberia (UNMIL) is due mid-month. The mandate does not expire until September and no formal discussions are expected in August. However, given the other pressures in September, experts may start their thinking on Liberia somewhat sooner. Members will be following closely the situation in Afghanistan, with elections scheduled for 20 August as well as in Myanmar, where the verdict and the sentencing in the trial of Aung San Suu Kyi are expected. CONTENTS OF THIS ISSUE Status Update since our July Forecast...2 Somalia and Related Horn of Africa Issues...3 DPRK (North Korea)...4 Iraq...5 Lebanon...7 Peacekeeping...9 Women, Peace and Security...12 Liberia...12 International Criminal Tribunals...14 Notable Dates for August...16 Important Dates over the Horizon Somalia will also be on Council members minds as the sanctions committee moves closer to finalising names for targeted sanctions and because of the connection to related issues in the region. Members may also hold informal discussions on the Council s annual report to the General Assembly. Important matters pending for the Council include: n In a presidential statement on Darfur in July 2008 (S/PRST/2008/27) the Council welcomed the UN investigation into the 8 July attack against UNAMID peacekeepers. The results are still awaited. n The Security Council s request, in resolution 1820 on sexual violence, that the Secretary- General systematically include in his written reports on conflict situations his observations concerning the protection of women and girls and recommendations in this regard, has yet to be fully implemented. n The Council has yet to address the Secretary-General s summary of the report of the UN Board of Inquiry into incidents involving UN facilities and personnel in Gaza between 27 December and 19 January, submitted to it on 4 May (S/2009/250). n The monthly reports from the Kosovo Force (KFOR) appear to have stopped. The last one available covers the period 1-31 July n The quarterly reports of the International Security Assistance Force in Afghanistan are now always outdated when released. (The last report, released in June, covered the period from August 2008 to January 2009.) n UNAMl reports on human rights in Iraq, in the past produced every two to three months, are now always very delayed and thus outdated when published. The last report, released in late April, covered the period from 1 July to 31 December n The Secretary-General is yet to appoint a new Assistant-Secretary-General for Peacebuilding Support, following the resignation of the previous incumbent, Jane Holl Lute, on 1 April. n The Secretary-General s recommendations to the Council regarding specific action on sexual violence as put forward in his 2007 report on protection of civilians in armed conflict (S/2007/643) have yet to be implemented in country-specific situations. >>page 2 Security Council Report One Dag Hammarskjöld Plaza, 885 Second Avenue, 31st Floor, New York, NY T: F:

2 Aide-Memoire (continued) n The Council requested the Secretariat on 21 November 2006 (S/2006/928) to update the index to Council notes and statements on working methods. This has not been published. n The Secretary-General has yet to put forward proposals for the delineation of the international borders of Lebanon, especially in the Sheb a Farms area, in accordance with resolution 1701, and respond to the cartographic, legal and political implications of the alternative path suggested by the government of Lebanon in its seven-point plan. n The Council has yet to address the latest report of the Lebanon Independent Border Assessment Team, which was issued on 25 August 2008 (S/2008/582). n The 2005 World Summit requested that the Security Council consider reforms for the Military Staff Committee. This has yet to be addressed. n The Secretary-General is yet to report to the Council on Kenya as requested in a February 2008 presidential statement (S/ PRST/2008/4). Status Update since our July Forecast n UN Office in West Africa: On 7 July the head of UNOWA, Said Djinnit, briefed the Council on developments in the subregion. The Executive Director of the UN Office on Drugs and Crimes, Antonio Maria Costa, also spoke and said that the volume of drug trafficking appeared to be diminishing significantly in the subregion, but the situation remained volatile (S/PV.6157). On 10 July the Council adopted a presidential statement (S/PRST/2009/20) which emphasised the importance of adopting a comprehensive strategy of conflict resolution and crisis prevention while addressing the crossborder issues and regional challenges. n Somalia: On 9 July the Council held an open debate on the situation in Somalia (S/ PV.6158) with briefings by Under-Secretary- General for Political Affairs B. Lynn Pascoe and Under-Secretary-General for Field Support Susana Malcorra. Malcorra reported that there had been significant progress in implementing the support package for AMISOM with 95 percent of the initial funding of $72 million provided by the General Assembly having been committed. Following the debate the Council adopted a presidential statement (S/PRST/2009/19) reiterating its support for the Djibouti Peace Process and the Transitional Federal Government and expressed concern at foreign support to the insurgents. On 20 July the Secretary-General submitted his regular report on Somalia to the Council (S/2009/373). He called for strong international support. In particular he called on donors to honour commitments made at the April donor conference and support AMISOM both bilaterally and through the UN trust fund. On 29 July the Council heard a briefing by Special Representative of the Secretary-General Ahmedou Ould- Abdallah. It was followed by closed consultations in which Council members were also briefed by the chairman of the Somalia Sanctions Committee, Mexican Ambassador Claude Heller. n DRC: On 10 July the Council was briefed in an open meeting (S/PV.6159) by the Special Representative of the Secretary- General in the DRC and head of MONUC, Alan Doss, who presented the Secretary- General s latest report (S/2009/335). The Council subsequently issued a press statement (SC/9703) on the issue of impunity within the national security forces. n Myanmar: The Secretary-General briefed the Council on 13 July on his July visit to Myanmar (S/PV.6161). He said that the refusal of the senior leadership to allow him to see Aung San Suu Kyi was a deep disappointment. n Northern Uganda and LRA Affected Areas: On 15 July the Secretary-General s Special Envoy for LRA-Affected Areas Joaquim Chissano gave a final briefing to the Council in closed consultations. (His mandate was suspended on 30 June.) He recommended that the Council should support regional military operations to compel the LRA to sign the agreement. At the same time mediation efforts should continue. In speaking to the press after the meeting the Council president, the ambassador of Uganda, said that Council members highly commended Chissano s work as Special Envoy. He also said Council members called on the LRA to sign the final peace agreement. n Afghanistan: On 15 July the Council adopted a presidential statement (S/ PRST/2009/21) on the upcoming Afghan presidential and provincial council elections and stressed that it was important that the elections be free, fair, transparent, credible, secure and inclusive. n Sierra Leone: On 16 July the Council was briefed during an open meeting by the President of the Special Court for Sierra Leone, Judge Renate Winter. She indicated that the trial of former Liberian President Charles Taylor was critical to preserving peace and stability in West Africa, but it needed $30 million for the successful completion of its mandate (S/PV.6163). n Terrorism: On 17 July the Security Council condemned the terrorist attacks in Jakarta in a presidential statement (S/PRST/ 2009/22). n Djibouti/Eritrea: On 21 July Council members met in closed consultations to discuss the situation between Djibouti and Eritrea. Under-Secretary-General for Political Affairs B. Lynn Pascoe confirmed that there had been no change in the situation since his last briefing in April. Eritrea continued to refuse any dialogue. Council members reportedly encouraged the Secretary- General to continue his good offices efforts. n Post-Conflict Peacebuilding: On 22 July, after a debate on post-conflict peacebuilding with more than forty participants (S/PV.6165), the Council adopted a presidential statement emphasising the vital role of the UN in postconflict peacebuilding (S/PRST/2009/23). It supported the Secretary-General s recommendation to broaden and deepen the pool of international civilian experts and requested the Secretary-General to report within a year to the Council and the General Assembly on progress achieved in fulfilling his recommendations to improve UN peacebuilding efforts. n Nepal: On 23 July the Council adopted resolution 1879 extending UNMIN till 23 January 2010 in line with a request from the government of Nepal (S/2009/360). The Council requested the Secretary-General to report >>page 3 2 Security Council Report One Dag Hammarskjöld Plaza, 885 Second Avenue, 31st Floor, New York, NY T: F:

3 by 30 October 2009 on progress in creating conditions conducive to the completion of UNMIN s mandate by January. n Côte d Ivoire: On 23 July the Special Representative of the Secretary General in Côte d Ivoire briefed the Council (S/PV.6168). On 30 July the Council is expected to adopt a resolution renewing the mandate of UNOCI until 31 January n Middle East: On 27 July Assistant Secretary-General for Political Affairs Oscar Fernandez-Taranco briefed the Council at an open debate and noted the Secretary-General s participation at the 26 June meeting of the Quartet in Trieste, Italy (S/PV.6171 and SC/9717). n Chad-Central African Republic: On 28 July the Council was briefed during a public meeting by the Special Representative of the Secretary-General and head of MIN URCAT, Victor da Silva Angelo, on the latest report of the Secretary-General (S/2009/359) which highlighted the benchmarks towards fulfillment of the mission s mandate. n Sudan: On 30 July the Council is expected to renew UNAMID. On 17 July, Alain Le Roy, the Under-Secretary-General for Peacekeeping Operations, briefed the Security Council in closed consultations on the work of UNMIS and the Secretary- General s 14 July report on the mission. On 24 July, the Council met to discuss both the UNMIS and UNAMID reports (respectively, S/2009/357 and S/2009/ 352). On 17 July the Council welcomed the commitment of both parties to respect the decision of the Permanent Court of Arbitration on Abyei in a statement made to the press by its president. n Children and Armed Conflict: At press time the Working Group on Children and Armed Conflict was negotiating a possible presidential statement or resolution which would expand the criteria for including parties to armed conflict in the annexes to the Secretary-General s report on children and armed conflict. Somalia and Related Horn of Africa Issues Expected Council Action Somalia is not expected to be on the Council work programme as such in August. However, because of interrelated issues, including the work by the Somalia Sanctions Committee on a list of individuals and entities for targeted sanctions (including possibly persons from Eritrea), the pressure for Council action against Eritrea from Djibouti, and the dynamics created by recent developments in Somalia (including French personnel being held hostage), it seems inevitable that Council members will be continuing to discuss Somalia in various ways during August. Key Recent Developments Please see our Update Report of 20 July 2009 for background on the situation between Djibouti and Eritrea and the linkages between this issue and wider problems in the Horn of Africa, including Eritrea s alleged support for the insurgency in Somalia. A key development is the progress made by the Somalia Sanctions Committee. It seems that it is close to producing names for the list of persons and entities that would be subject to targeted sanctions. And it seems that among the peace spoilers envisaged for sanctions are some persons in Eritrea. A related development is that Djibouti continues to press for more explicit Council action against Eritrea. The transfer to Al-Shabaab insurgents of two French personnel abducted in Mogadishu while providing training to Transitional Federal Government security forces has added a new dimension to the issues. Council Dynamics A number of Council members are sensitive to the possibility that adopting sanctions against Eritrean personnel at this time could complicate efforts to secure the freedom of the French advisers. UN Documents Selected Security Council Resolutions S/RES/1862 (14 January 2009) demanded that Eritrea withdraw its forces to the positions of the status quo ante within five weeks and requested a follow-up report from the Secretary-General. S/RES/1844 (20 November 2008) expanded the Somalia sanctions regime to include targeted sanctions on individuals or entities violating the arms embargo, threatening the peace, security and stability of Somalia or impeding the delivery of or access to humanitarian assistance. Selected Security Council Presidential Statements S/PRST/2009/15 (18 May 2009) condemned the renewed fighting by Al-Shabaab and other extremists, demanded an immediate end to the violence, and called on the Somalia Sanctions Monitoring Group to investigate reports that Eritrea had supplied arms to insurgent groups. S/PRST/2008/20 (12 June 2008) called for a ceasefire between Djibouti and Eritrea. Selected Report of the Secretary-General S/2009/373 (20 July 2009) Letter from the Secretary-General S/2009/163 (30 March 2009) was the Secretary-General s response to the Council s request in resolution 1862 for a report on the situation between Djibouti and Eritrea and the parties compliance with their obligations. Other S/2009/319 (9 July 2009) was a letter from Djibouti requesting action on its border dispute with Eritrea as soon as possible. S/2009/217 (23 April 2009) was a letter from Djibouti submitting to the Council decisions of IGAD, AU, the League of Arab States and the Organization of the Islamic Conference calling for the implementation of resolution S/2009/180 (6 April 2009) was a letter from Djibouti calling for the implementation of resolution 1862 and asking the Council to refrain from making any further statement as such action would only tend to compromise the significance and integrity of the resolution. Security Council Report One Dag Hammarskjöld Plaza, 885 Second Avenue, 31st Floor, New York, NY T: F:

4 DPRK (North Korea) Expected Council Action The Council is expecting a briefing in August by the chairman of the 1718 Sanctions Committee on the Democratic People s Republic of Korea (DPRK). No action in the Council itself is scheduled. However, many Council members have noted how effective and balanced the format involving the whole fifteen members was in discussion of the 6 July press statement from the president. Key Recent Developments On 16 July the Committee imposed additional sanctions against a number of DPRK entities and individuals, as well as goods. It was the first list of individuals drawn up by the Committee in line with resolution On 12 June the Council adopted resolution 1874, condemning a 25 May underground nuclear test by the DPRK citing it as a violation of resolution 1718 (which imposed sanctions against the country after its nuclear test in October 2006 and set up the Sanctions Committee). The new resolution also expanded the existing arms embargo and authorised the inspection and destruction of banned cargo to and from the DPRK, including on vessels on the high seas. Resolution 1874 also provided for the creation of a Panel of Experts to support the work of the Committee. The Panel will provide an interim report on its work to the Council within ninety days of the adoption of the resolution. During the latter half of June a DPRK ship suspected of transporting weapons to Myanmar was placed under US navy surveillance, resulting in the vessel eventually heading back to the DPRK during the week of 30 June. This was the first vessel to be monitored under resolution The DPRK had earlier indicated that it would treat any interception of its ships as a declaration of war. In mid-july the DPRK indicated that it considered the six-party talks (among the US, China, Japan, the Republic of Korea (South Korea), Russia and the DPRK from which the latter withdrew in April after the Council condemned its missile launch) dead. On 4 July the DPRK launched seven ballistic missiles into waters off its east coast in violation of resolutions 1718 and Some analysts suggest the launches were timed to coincide with the US Independence Day as a deliberate political message, particularly to the US. The launches were also seen as a defiant gesture towards the international community regarding the enforcement of Council sanctions. On 6 July the Council met in private consultations to discuss the 4 July missile launches. After the meeting, the Council president conveyed Council members condemnation of the DPRK s actions to the press. During the week of 20 July a war of words ensued between US Secretary of State Hillary Clinton and the DPRK in the context of an Association of Southeast Asian Nations meeting in Thailand. Clinton likened the behaviour of the DPRK s leadership to that of recalcitrant teenagers. She also said the DPRK would not be rewarded simply for returning to the table. The DPRK s Foreign Ministry called Clinton unintelligent and likened her to a funny lady. On 21 July the US expressed concern at the possibility that the DPRK was developing military ties with Myanmar. On 27 July the DPRK indicated that it was open to a specific and reserved form of dialogue on its nuclear issue. Some analysts view this unspecified request for a dialogue as being in line with its previously indicated preference for directly resolving differences with the US over its nuclear weapons programme, but excluding sixparty talks involving other regional powers. Washington has maintained in the past that it would engage the DPRK in direct talks only if it agrees to return to the sixparty talks. Human Rights-Related Developments On 16 March the Special Rapporteur on the Situation of Human Rights in the DPRK, Vitit Muntarbhorn, presented a report to the Human Rights Council (A/ HRC/10/18). Noting the sufferings of ordinary people, he urged the DPRK to cooperate constructively with UN agencies and other humanitarian actors to ensure effective access to food and other basic provisions. The Human Rights Council expressed serious concern at human rights violations in the DPRK and urged the country to engage fully and positively with the upcoming universal periodic review of the DPRK, scheduled for December By a vote of 26 in favour, six against and 15 abstentions, it extended the mandate of the Special Rapporteur for another year. The DPRK responded by saying that it did not accept the resolution by which the Special Rapporteur was appointed and rejected his report. Key Issues The key issue for the Council is how the DPRK will respond to the steady tightening of the sanctions regime. (Prior to the adoption of the new measures, Pyongyang threatened military retaliation in the event of imposition of UN sanctions and on 26 July the DPRK defence minister threatened to mercilessly and resolutely counter the enemy s sanctions with retaliation, its all-out war with all-out war.) An issue for the Sanctions Committee is whether and when to designate further additional individuals and entities for the sanctions list. The Committee indicated in its 16 July letter to the Council that it intended to continue working on an expedited basis to identify additional entities and banned goods. (France, Japan, the UK and the US reportedly gave the Committee a number of names which are still being considered pending further clarification on some of them.) A closely related matter is the establishment of the Panel of Experts mandated by resolution While the resolution did not specify a deadline for their appointment, it requested that the Panel submit an interim report by 12 September. At press time the Committee was awaiting a list of candidates from the Secretary-General. 4 Security Council Report One Dag Hammarskjöld Plaza, 885 Second Avenue, 31st Floor, New York, NY T: F:

5 Options Options include: n the Committee expanding the sanctions list to include other individuals, entities and goods deemed to be violating resolutions 1718 and 1874 and using the August briefing to the Council to announce the expanded list; and n investigating whether the DPRK and Myanmar military cooperation contravenes sanctions. Council Dynamics The consensus among Council members to expand the sanctions list twice in three months indicates how far sentiment has shifted over Pyongyang s increasingly aggressive posture. The DPRK s 25 May nuclear test was a turning point that narrowed divisions among the P5, with China and Russia accepting that the time had come to press the DPRK more firmly. It is unclear, however, how far China and Russia will support further increments of action against DPRK. (Russia, for instance, has indicated it supports a diplomatic and political solution to the matter.) Normally, briefings by the chairs of sanction committees are technical. However, because of the current situation the 1718 Committee briefing may be more substantial and elicit further deliberations. In the absence of progress on the diplomatic front, particularly since the DPRK has declared the six-party talks on the issue as dead the Council seems likely to be increasingly engaged on the issue. UN Documents Selected Security Council Resolutions S/RES/1874 (12 June 2009) condemned the DPRK s 25 May nuclear test, expanded the existing arms embargo and authorised inspection of cargoes to and from the DPRK, as well as vessels on the high seas. S/RES/1718 (14 October 2006) expressed grave concern over the DPRK s nuclear test, imposed sanctions and set up a sanctions committee. Presidential Statements S/PRST/2009/7 (13 April 2009) condemned the 5 April launch of a rocket by the DPRK, saying it was in contravention of resolution S/PRST/2006/41 (6 October 2006) was the statement expressing concern over the DPRK s declaration that it would conduct a nuclear test. Sanctions Committee Annual Reports S/2008/830 (31 December 2008) S/2007/778 (31 December 2007) Selected Letters S/2009/364 (16 July 2009) was the letter from the Sanctions Committee designating additional entities and materials, as well as individuals subject to sanctions. S/2009/222 (24 April 2009) was the letter from the Sanctions Committee designating new entities and materials subject to sanctions. S/2009/205 (14 April 2009) was the letter from the Sanctions Committee updating a list of items, equipment, goods and technology prohibited from being imported or exported by the DPRK. S/2008/547 (11 August 2008) was a letter from the DPRK claiming that the US has been undermining the Neutral Nations Supervisory Commission (a body supervising the implementation of the 1953 armistice agreement in the Korean War) and has created the nuclear issue in the Korean peninsula by massively supplying South Korea with nuclear weapons. S/2008/435 (3 July 2008) was a letter from the DPRK on the US lifting of major economic sanctions against it. S/2006/481 (4 July 2006) was the letter from Japan requesting a meeting of the Security Council after the DPRK launched a ballistic missile. S/1998/866(17 September 1998) was the letter from the DPRK with a statement on the action of the Council after the launch of a missile on 31 August S/1998/865 (16 September 1998) was the letter from the DPRK condemning Japan s action since the DPRK launched a missile on 31 August S/1998/835 (4 September 1998) was the letter from Japan informing the Council that the DPRK had launched a missile on 31 August Other A/HRC/10/18 (24 February 2009) was the report of the Special Rapporteur on the human rights situation in the DPRK. A/C.3/63/L.26 (30 October 2008) was a draft resolution before the General Assembly urging the DPRK to put an end to violations of human rights. SECURITY COUNCIL REPORT Monthly AUG 2009 Iraq FORECAST Expected Council Action The mandate of the UN Assistance Mission for Iraq (UNAMI) expires on 7 August. The Council is expected to renew the mandate for 12 months. The discussion is not expected to be controversial. Far more difficult and controversial, however, are the ongoing discussions relating to the future of Council resolutions on Iraq flowing from the invasion of Kuwait in It is unclear, at time of writing, whether Council members will be able to make progress on this in August. The delayed Secretary-General s report on the Development Fund for Iraq (DFI) and International Advisory and Monitoring Board (IAMB), requested in resolution 1859, will be issued in early August. Again, it is unclear how much progress will be made with many Council delegations depleted over the summer. Key Recent Developments Resolution 1859 requested the Secretary- General to report on Council resolutions concerning Iraq since His report, made available on 27 July. addressed several areas which concern Kuwait, such as Kuwaiti missing persons and property, Iraqi reparations to Kuwait and the maintenance of the Iraq/Kuwait border. On 22 July, Iraqi Prime Minister Nouri al- Maliki met with Secretary-General Ban Ki-moon and representatives of the P5 in New York. He pressed for an end to economic sanctions and a lifting of other chapter VII resolutions on Iraq. Iraqi Foreign Minister Hoshyar Zebari also visited New York in July and raised the same issues in meetings with the Secretary-General and Council members. Violence continued in Iraq during July with frequent attacks in the north. A constitution was approved by Kurdistan s parliament in June, and provincial elections were held in Kurdistan on 25 July. Bombings on 9 July in Security Council Report One Dag Hammarskjöld Plaza, 885 Second Avenue, 31st Floor, New York, NY T: F:

6 Baghdad and northern Iraq killed over forty people. These highlighted concerns about increased insecurity following the recent repositioning of US troops. On 30 June, the Multinational Force-Iraq (MNF-I), led by the US, withdrew from Iraqi cities and towns. Ad Melkert, the Secretary- General s Special Representative for Iraq and head of UNAMI, expressed concern over orchestrated bombings that struck several churches in Baghdad and Mosul on 12 July. (The former Dutch cabinet minister replaced Staffan de Mistura after the latter completed his assignment on 30 June.) Human Rights-Related Developments After the Iraqi authorities executed 12 people by hanging on 3 May, the Office of the High Commissioner for Human Rights (OHCHR) and UNAMI on 5 May commented on Iraq s resumption of the death penalty. OHCHR and UNAMI expressed concern that the Iraqi justice system did not guarantee sufficient fair trial procedures given Iraq s obligations under article 14 of the International Covenant on Civil and Political Rights. On 29 April UNAMI issued its 14th human rights report for the period 1 July to 31 December. The report was produced in cooperation with OHCHR. Improvements in security and several institutional developments (e.g., the inclusion of provisions in electoral law for minority representation) were highlighted as offering a basis for bolstering the rule of law and addressing impunity. Specific concerns identified by the report were the need to strengthen the judiciary, improve detention conditions and overcome gender-based violence. Key Issues Several key issues exist with regard to UNAMI activities. These include the upcoming Iraqi parliamentary elections (scheduled for early 2010), human rights and security. UNAMI is also mandated to help the Iraqi authorities to resolve disputed internal boundaries. A central issue for the Council is how to respond to Iraq s request that resolutions adopted against the regime of Saddam Hussein be rescinded. A related issue is to determine which mandates should be closed because Iraq has complied with Council requests or because the mandates do not apply to the current situation. Key issues include Iraq/Kuwait, Iraqi recognition of its border, the oil-for-food programme, sanctions and DFI/IAMB immunity provisions which prevent creditors from being able to seize Iraqi funds or oil shipments. There had been some hope that the outstanding Iraq/Kuwait issues could be settled by bilateral agreement. On 8 July, Iraq informed the Council that 24 boxes of property belonging to the Kuwait Central Bank had been returned to Kuwait on 24 June. Discussions between the two countries continue but the atmosphere seems to have become more terse in recent times with Kuwait increasingly apprehensive that the new Iraqi government is less forthcoming than had been hoped. In addition to these highly political issues, the closure of the various other resolutions concerning Iraq involves complex technical issues which will not necessarily be resolved quickly. Options On UNAMI, the most likely option is renewing the mandate as it currently stands. With regard to DFI/IAMB, options include: n taking up the latest DFI/IAMB report in August as a separate exercise, perhaps aiming for experts to produce a draft by mid-september; or n postponing action until solutions are found on the Hussein-era resolutions (however, it is important to note that DFI/ IAMB immunities expire in December). On the Secretary-General s report on Hussein-era Council resolutions, options include: n keeping the issue at the experts level until agreement is found on a resolution addressing the status of all previous resolutions; n holding an open meeting in which Iraq and Kuwait would both speak; n releasing a press statement urging Iraq and Kuwait to continue negotiating a solution bilaterally; n addressing some of the issues contained in the report on Iraq resolutions while negotiations proceed between Iraq and Kuwait; n holding off on any action until Iraq and Kuwait come to some arrangement themselves; or n deferring action until October when the present mandate expires for the High- Level Coordinator for the issue of missing Kuwaiti and third-country nationals and the repatriation of Kuwaiti property, Gennady Tarasov. Council and Wider Dynamics At the present time, there seems to be consensus among Council members on continuing the UNAMI mandate as currently structured. Council members generally feel that UNAMI is adding value and should continue. Any possible changes to the mandate, such as downsizing or otherwise altering the composition of UNAMI, would much more likely be raised after the January parliamentary elections in Iraq. (Assisting with elections is a major feature of UNAMI s mandate.) Council members have not yet decided how to proceed after receiving the report on Council resolutions concerning Iraq. It is possible that the Council will adopt a resolution in August but unlikely that action will be taken in all outstanding areas. The Secretary- General s report covers a broad range of issues and some members, such as the UK, feel that Council members may require some time to digest it. At press time there was no consensus among members on the desirability of holding a debate in which both Iraq and Kuwait would speak. While Kuwait remains hopeful of recovering more of its nationals, their remains and its national archives, some members think the likelihood of this is decreasing with the passage of time. Missing persons are likely deceased, and in practical terms it may be extremely difficult to locate their remains. Similarly, the national archives may well have been broken up, and thus may be impossible to locate. Some perceive an advantage in first finding a solution to the outstanding Iraq/Kuwait issues, and then moving on to other issues in the report on Council resolutions concerning Iraq. This is seen as being preferable to trying to address each individual issue separately. Others feel that, while it would be preferable to settle the Iraq/Kuwait issues first, this should not prevent the Council from 6 Security Council Report One Dag Hammarskjöld Plaza, 885 Second Avenue, 31st Floor, New York, NY T: F:

7 addressing the other outstanding mandates in the 1859 report. The US sees some potential benefit in resolving certain issues in advance of the Iraqi elections scheduled for January 2010, even in the absence of a final settlement between Iraq and Kuwait. In addition, some members are sceptical whether Iraq and Kuwait can deal with these issues bilaterally, as lengthy efforts at finding a solution have not yet yielded results. The US has the view that both parties may desire to have some sort of Council imprimatur over a settlement. In this case, a more active Council role might be called for, with perhaps some discussion of timelines or a framework of how to move forward on all the issues. The US is the lead country on Iraq issues in general and the UK is the lead on Iraq/ Kuwait issues. Selected UN Documents Selected Security Council Resolutions S/RES/1859 (22 December 2008) extended the arrangements for the DFI and the IAMB until 31 December 2009 and requested the Secretary-General to report on all Council resolutions concerning Iraq since S/RES/1830 (7 August 2008) renewed the UNAMI mandate for 12 months. S/RES/1483 (22 May 2003) established sanctions against the previous Iraqi government, created the DFI, provided immunity to Iraqi petroleum products and envisaged the termination of the oil-for-food programme. S/RES/1284 (17 December 1999) appointed a high-level coordinator for Iraq/Kuwait missing persons and property. Selected Letter S/2009/350 (8 July 2009) was a letter from Iraq informing the Security Council that 24 boxes of property belonging to the Kuwait Central Bank had been returned to Kuwait on 24 June. Selected Secretary-General s Reports S/2009/385 (27 July 2009) was the Secretary-General s report on the review of Iraq resolutions. S/2009/284 (2 June 2009) was the latest UNAMI report. S/2009/190 (8 April 2009) was the latest report on Iraq/Kuwait missing persons and property. Other Relevant Facts Special Representative of the Secretary-General in Iraq Ad Melkert (Netherlands) Secretary-General s High-Level Coordinator for Iraq/Kuwait Missing Persons and Property Gennady Tarasov (Russia) Lebanon Expected Council Action The mandate of the UN Interim Force in Lebanon (UNIFIL) expires on 31 August. The Council is expected to extend it for another year. It seems possible that the recent explosions in southern Lebanon will complicate the negotiation of the text. Key Recent Developments On 23 July, Under-Secretary-General for Peacekeeping Operations Alain Le Roy briefed the Council on recent incidents in Lebanon. Fourteen UNIFIL soldiers were injured on 19 July in southern Lebanon when protesters tried to stop an investigation of explosions that occurred on 14 July. News reports said these were caused by the detonation of a Hezbollah arms cache, which Hezbollah denied. UNIFIL had earlier stated on 15 July that it considered the incident a serious violation of resolution In that resolution, the Council mandated UNIFIL to assist the Lebanese Armed Forces in the establishment of an area free of armed personnel, assets and weapons other than those of the government or UNIFIL in southern Lebanon. On 29 June the Secretary-General issued a report on resolution 1701, covering March through June 2009 (S/2009/330). He noted that the cessation of hostilities continues to hold, but he also reported that progress on implementing the provisions of resolution 1701 has been mixed. UNIFIL and the Lebanese Armed Forces continued to demonstrate a coordinated presence by operating a number of colocated checkpoints, as well as conducting coordinated foot patrols. Progress was made with the visible marking of the Blue Line, with both parties and UNIFIL continuing to measure coordinates and construct SECURITY COUNCIL REPORT Monthly AUG 2009 FORECAST markers. The report also cited as a positive development Israel s handover of technical data on cluster bombs to UNIFIL. However, the report also noted that violations of Lebanese airspace by Israeli aircraft and unmanned aerial vehicles continued on a regular basis. The Secretary-General s report said that these intrusions were in violation of resolution 1701, and Lebanon and UNIFIL have protested the flights. The Secretary- General reported that Israel maintained the overflights were necessary on the basis that the arms embargo laid out in resolution 1701 allegedly lacked enforcement. In addition, the Israel Defense Forces continued to control part of the village of Ghajar, north of the Blue Line, in what the Secretary-General s report pointed out was a violation of resolution In 2008, UNIFIL submitted a proposal that would facilitate the full withdrawal of Israeli forces. This proposal was met with Lebanese approval last year. UNIFIL and Israeli officials have met twice in 2009 to discuss the proposal. Israel has not given a final response because of a policy review being undertaken by the new Israeli government. The Secretary-General s report also noted that, with the exception of some civilians carrying hunting rifles, UNIFIL did not encounter unauthorised armed personnel during the period. However, Israel contends that Hezbollah has continued to increase its military capacity in Lebanon, including within the UNIFIL area of operations, through the use of private homes. UNIFIL is unable to conduct searches of private homes in the absence of credible evidence pertaining to a certain location. No such evidence had been shared with or discovered by UNIFIL at the time of the report s publication. While the Secretary-General reported that there were no serious breaches of the cessation of hostilities during the reporting period, he also stated that Hezbollah maintained a significant military capacity in Security Council Report One Dag Hammarskjöld Plaza, 885 Second Avenue, 31st Floor, New York, NY T: F:

8 violation of resolutions 1559 (2004) and 1701 (2006), which poses a significant challenge to Lebanon s ability to exercise control over its territory. The report concludes with a call for greater efforts by the parties to achieve a permanent ceasefire. Human Rights-Related Developments Since the Commission of Inquiry on Lebanon presented its report (A/ HRC/3/2) to the Human Rights Council on 1 December 2006, various implementation activities have been taking place involving the UN Office of the High Commissioner for Human Rights (OHCHR) in Geneva and the OHCHR Regional Office for the Middle East in Beirut. A Protection Working Group cochaired by the OHCHR and the Office of the High Commissioner for Refugees is looking into human rights aspects of economic and social recovery programmes emphasising a rights-based approach to health, education and housing. No date has yet been set for further Human Rights Council consideration of the Commission of Inquiry report and its implementation activities. Key Issues Council members generally consider that UNIFIL is worthwhile and has achieved a good result. Yet an important underlying issue is the fact that resolution 1701 has not been fully implemented: Hezbollah remains armed, rocket attacks into Israel have occurred, Israeli flights into Lebanon continue and Israel still occupies the village of Ghajar. The recent arms explosion may lead to proposals for language in the August mandate renewal resolution. If so, it will become an important issue because such proposals seem certain to be matched by calls for equivalent language addressing Israel s violations of A separate issue relates to the Maritime Task Force (MTF) naval component of UNI FIL. The number of ships taking part in the MTF was recently reduced with the withdrawal of the Belgian naval component at the end of May. While the MTF has not intercepted any arms shipments, the naval component is still viewed as important and some discussion of this is possible. Options Options available to the Council include: n simply renewing the UNIFIL mandate as it currently stands for another 12 months; or n renewing the mandate but also urging all parties to increase efforts to fully implement resolution Council Dynamics Council members appear agreed that continuation of the UNIFIL mandate is necessary. The Council appears to concur with the conclusion of the Secretary- General in his latest report that resolution 1701 remains the best available blueprint leading to a permanent ceasefire. Council members are generally satisfied with the implementation of resolution There is an understanding on the part of Council members that the lack of progress in some areas will likely continue until a lasting solution is found. The US is emphasising the recent explosions in Lebanon, apparently caused by the detonation of a large quantity of arms and ammunition maintained by Hezbollah. The US also recognises that Israeli overflights constitute violations, but describes them as understandable in light of the fact that the borders of Lebanon have not been adequately secured to prevent the entry of illegal arms and materiel. Some members may suggest that a review of the size of UNIFIL should be considered. Decreasing the size of the MTF and trying to increase capacity with the Lebanese military may be discussed. On the other hand possible changes to UNIFIL might form part of a separate discussion on peacekeeping operations generally. Council members will be conscious that as of January 2010 Lebanon is likely to be a member of the Council and this will inevitably impact Council dynamics on these issues. France is the lead country on this issue in the Council. Selected UN Documents Selected Council Resolutions S/RES/1832 (27 August 2008) renewed the UNIFIL mandate until 31 August S/RES/1701 (11 August 2006) called for a cessation of hostilities between Hezbollah and Israel and called for full implementation of resolutions 1680 and S/RES/1680 (17 May 2006) strongly encouraged Syria to delineate its common border with Lebanon. S/RES/1559 (2 September 2004) urged withdrawal of all foreign forces from Lebanon, disarmament of all militias, and extension of the Lebanese government s control over all Lebanese territory. Selected Secretary-General s Reports S/2009/330 (29 June 2009) was the latest report on resolution S/2009/218 (24 April 2009) was the latest report on resolution Selected Meeting Record S/PV.6120 (7 May 2009) was a briefing by the Secretary-General s envoy Terje Rød-Larsen on his latest 1559 report. Other Relevant Facts Secretary-General s Special Coordinator for Lebanon Michael Williams (UK) Special Envoy of the Secretary-General for the Implementation of Security Council Resolution 1559 Terje Rød-Larsen (Norway) UNIFIL Force Commander Major-General Claudio Graziano (Italy) Size and Composition of UNIFIL as of 31 May 2009 Authorised: 15,000 troops Current: 12,158 military personnel Troop Contributors: Belgium, Brunei, China, Croatia, Cyprus, El Salvador, France, FYR of Macedonia, Germany, Ghana, Greece, Guatemala, Hungary, India, Indonesia, Ireland, Italy, Malaysia, Nepal, New Zealand, Norway, Poland, Portugal, Qatar, Republic of Korea, Sierra Leone, Slovenia, Spain, Tanzania and Turkey Cost 1 July June 2009: $ million (A/C.5/62/30) 8 Security Council Report One Dag Hammarskjöld Plaza, 885 Second Avenue, 31st Floor, New York, NY T: F:

9 Peacekeeping Expected Council Action The Council is to hold an open debate on peacekeeping, most likely on 5 August. This responds to the French-British initiative launched in January this year and seems likely to result in a presidential statement and an ongoing programme of work for the next six months. The Council will be briefed by Under- Secretary-General for Peacekeeping Operations Alain Le Roy and Under- Secretary-General for Field Support Susana Malcorra. They are expected to elaborate on the Secretariat s recently completed New Horizon review of peacekeeping and the Department of Field Support s (DFS) upcoming Field Support Strategy, which is expected out later this year. Key Recent Developments At the time of writing the Council was discussing a draft presidential statement prepared by the UK. The statement seems likely to outline the improved practices the Council has tried to develop at the practical level in the last six months including more regular dialogue with the Secretariat, efforts to deepen consultations with troop and police contributing countries, organisation of political-military meetings, updating of planning documents and the use of benchmarks to chart progress against a comprehensive and integrated strategy in mission mandates. It is also likely to identify future areas for work such as how to : n ensure credible and achievable mandates; n share information better, particularly on military challenges and enhancing its military expertise; n engage earlier and more effectively with troop and police contributing countries; and n promote greater recognition of resource implications and strategic challenges related to peacekeeping missions. On 24 July the UK circulated a concept paper for the debate. The paper touched on how the Council has worked to improve the quality of mandating, oversight and evaluation of peacekeeping operations in the first half of the year. It suggested that the debate should chart the way forward and focus on practical recommendations. Among the future areas that could be covered are: n ensuring that peacekeeping operations support the political settlement of disputes; n developing a consensus on issues in complex missions, including transition from peacekeeping to peacebuilding; n what protection of civilians means in practice; and n when should the UN take a more robust approach to peacekeeping. On 17 July the Secretariat published a nonpaper entitled A New Partnership Agenda: Charting a New Horizon for UN Peacekeeping. The non-paper points out that the scale of UN peacekeeping today is unprecedented, with 116,000 deployed personnel across 15 missions and an annual budget of nearly $7.8 billion. It acknowledges that many of the challenges facing peacekeeping today are not new and that the principles set down by the 2000 Brahimi Report are still valid. However, the non-paper notes there is a mismatch between the scale and complexity of modern peacekeeping and its tools, which is creating serious strains. In order to meet this challenge, it suggests that peacekeeping needs to move away from a piecemeal approach to a global one, which requires a renewed global partnership among the Council, the contributing member states and the Secretariat. Elements of the New Horizon Non-Paper Relevant to the Debate Some key elements of the New Horizon non-paper addressed to the Council include: n crafting mission mandates with clearly achievable objectives and specify the activities for which the mission is responsible; n adopting a phased approach when establishing peacekeeping missions; n establishing informal, mission-specific coalitions of engaged stakeholders to help secure political and operational support in complex missions; n reviewing, together with the Secretariat, recurrent mandate tasks to enhance clarity and understanding of their objectives; and n mandating a peacekeeping mission at least six months in advance of an expected transfer of authority from a partner like the AU to the UN, and authorising the deployment of advance-planning capabilities when a UN operation follows an existing operation run by a partner. SECURITY COUNCIL REPORT Monthly AUG 2009 FORECAST It seems there is a good deal of synergy between the New Horizon recommendations and many of the areas of future work for the Council envisaged in the draft presidential statement. The New Horizon non-paper also suggests that the DPKO and DFS for their part should develop a practice of: n presenting proposals on the full range of supporting actions needed for mission deployment when considering a new mission in complex situations; n supporting strengthened consultations with the Council and with troopcontributing countries (TCCs) and police-contributing countries (PCCs) and include information on consultations with them in regular Secretary-General reports; n engaging Council members and contributing countries on strengthening mechanisms for consultation and interaction on mission-planning processes; and n reviewing current reporting practices and engaging the Council and TCCs/PCCs in a dialogue on information requirements. The Secretariat also plans to produce by December a proposal for updated and streamlined reporting procedures, as well as a draft strategic guidance note on the robust approach to peacekeeping. The latter dovetails well with the Council s concern to ensure that mandates are credible and achievable. History of the France-UK Initiative In January, France and the UK launched their initiative aimed at improving the Council s approach to mandating and reviewing peacekeeping missions. So far it has focused largely on the Council s strategic oversight role in various peacekeeping operations. The effects of this effort can be seen in eight out of the 11 resolutions adopted in 2009 on UN peacekeeping missions. The resolutions on the missions in Chad and Central African Republic (MINURCAT) and in Côte d Ivoire (UNOCI) approved Security Council Report One Dag Hammarskjöld Plaza, 885 Second Avenue, 31st Floor, New York, NY T: F: